Roanoke Personal Injury Lawyer - Miscellaneous

Tanning Beds....The Sun is Setting

Dan Frith — Wed, 29 Jul 2009 17:02:51 GMT

The news is disturbing. I knew in my heart that tanning beds couldn't be good for your skin but the conclusions reached in a recent international study are alarming.

The International Agency for Research on Cancer (IARC) had previously classified sunbeds as being a "probable" cause of cancer. However, the agency is now recommending that tanning machines should be moved to "the highest cancer risk category" and be labeled as "carcinogenic to humans".

In an article in medical journal The Lancet, oncology expert Dr. Fatiha El Ghissassi wrote: "The use of UV-emitting tanning devices is widespread in many developed countries, especially among young women. The article concluded the risk of skin melanoma is increased by 75 percent when use of tanning devices starts before 30 years of age. In addition, studies provide consistent evidence of a positive association between the use of UV-emitting tanning devices and ocular melanoma.

Melanoma is the second most common cancer in women aged 20 - 29.5, according to the America Melanoma Foundation.

My Take: It took way too long to restrict the use of cigarettes...lets not wait so long in limiting who may use tanning beds and under what limitations. I recently saw a local teenager with a tan that had to come from too frequent visits to a tanning bed...she may not know it but she is putting her life at risk.

Originally posted at InjuryBoard by Dan Frith

Recurring Problems with Nursing Homes #2

Dan Frith — Tue, 02 Jun 2009 14:23:57 GMT

Lauren and I have reviewed over 500 potential nursing home cases over the years and we see some problems over and over and over again. I decided we would share with our readers some of the more frequent problems...and the answers.

Problem #2: Many nursing homes tell the resident's family that they may "visit" only during set or scheduled visitation hours and may never visit after a certain time at night.

Wrong! The Nursing Home Reform Law provides that a nursing home may not limit visiting hours for "immediate family or other relatives." The law is found in Section 483.10(j)(1) of Title 42 of the Code of Federal Regulations. For late night visitations, federal guidelines suggest the visit take place outside of the resident's room to avoid disturbing a sleeping roommate. So, if you don't get off work until later in the day don't let the Director of Nursing, or others, tell you that you cannot visit a loved one.

We tell all of our client's family members that it is often best to visit at unusual times of the day to get a real picture of the care provided at the nursing home.

Originally posted at InjuryBoard by Dan Frith

Road Biking Safety

Dan Frith — Fri, 22 May 2009 11:12:00 GMT

I admit it...I've been bitten by the bike bug! It started innocently enough last year when my wife and I rode in the Five Boro Bike Tour of New York City (it is a fantastic event and a great way to see all 5 boroughs). I promptly purchased a road bike upon my return home and have been riding ever since

I live in an area of Virginia which is great for riding. I can leave my house on my bike and be on the Blue Ridge Parkway in less than 10 minutes. I try to get at least two rides (20 - 45 miles each) every week, weather permitting.

Bike Safety is a big issue with me. I always wear a helmet and try to be vigilant for the crazy or absent minded automobile driver. I found this great web site for bike safety and want to share it with my readers. The article is entitled, "How Not to Get Hit by Cars: Important Lessons in Bicycle Safety."

Just writing about the topic has me thinking I may just sneak out of the office a little early today and go for a ride.

Originally posted at InjuryBoard by Dan Frith

Forbes Magazine Calling for More Tort Lawyers?

Dan Frith — Thu, 07 May 2009 17:35:59 GMT

You are not dreaming...or hallucinating! Forbes magazine, the mouthpiece for American business and industry called for "more tort lawyers" in a recent article.

The article topic was food borne illnesses which sicken 76 million Americans a year, kills 5,000 and runs up $3 billion in hospital costs. The illnesses arise when the producers, manufacturers, and preparers of what we eat do a poor job of watching out for our health (we know the FDA is not looking out for us). The offending bacteria include campylobacter, salmonella,listeria, and e coli.

The solution according to Forbes magazine - more tort lawyers! Don't believe it? Read the article yourself.

Originally posted at InjuryBoard by Dan Frith

Free Book Offer: How to Beat Your Virginia Non-Compete

Dan Frith — Tue, 14 Apr 2009 15:42:29 GMT

In addition to representing consumers in medical malpractice and nursing home abuse cases, Lauren and I spend a large part of our time repesenting employees in disputes over the legality and enforceability of non-compete agreements. I despise non-compete and non-solicitation agreements and firmly believe these agreements limit American innovation and prevent "the little guy" from earning a living and feeding his/her family.

That is why we are happy to announce the completion of our new book, "How to Beat your Virginia Non-Compete." This book pulls together, in a very readable fashion, the issues which every employee must consider when faced with a non-compete agreement. The book provides a great discussion on what Virginia law says about non-compete employment contracts and explains what employees must do to protect his or her present interests, as well as their ability to earn a future livelihood. The book includes a "must read" discussion on:

1. The Dirty Dozen: Twelve Important Non-Compete Cases in Virginia; and

2. The Ten Biggest Mistakes Made by Employees.

Best of all....the book is FREE to any Virginia resident. You can obtain your free copy of the book by calling Gail at our office (Toll-Free: 866-735-1102 Ext. 330) and provide her with a Virginia mailing address and your email address. This offer is for Virginia employees only.

Originally posted at InjuryBoard by Dan Frith

Don't Sign That Non-Compete Contract!

Dan Frith — Thu, 26 Mar 2009 09:27:07 GMT

We all know these are difficult economic times. Banks are struggling and the stock market just keeps going down...down....and down. Many business, both small and large, are requiring furloughs and reducing payrolls.

We have consulted with several clients over the last few weeks who have lost their jobs due to cutbacks. These folks have worked hard and played by the rules...only to be pushed out of the door when times get tough, and here is where it gets interesting.

Many terminated employees are provided a "severance package" of benefits. Say, one month's salary and benefits BUT they are asked to sign a non-compete agreement in return for the severance package. Be very, very careful if you are asked to sign a non-compete agreement.

Each state looks at non-competes differently, and my home state of Virginia has its own approach to the legality and enforceability of these agreements. In Virginia, if the agreement is reasonable in terms of geographical scope and duration (length of time) most courts will enforce the agreements. However, to say that each agreement is unique and each case is different is an understatement. The bottom line - consult with an attorney familiar with this area of the law BEFORE you sign a non-compete as part of your severance package.

If you live and work in Virginia, take a look at our blog, the Virginia Non-Compete Law Blog, which has over 150 articles discussing these important issues.

Originally posted at InjuryBoard by Dan Frith

Lets Keep Track of Autistic Children and Demented Elders

Dan Frith — Wed, 11 Feb 2009 15:58:20 GMT

I have often read the sad newspaper report of an elderly nursing home resident who wanders away from the facility (elopes) and is found dead hours or days later due to exposure. Less often, but equally disturbing is the report of the young autistic child who wanders away from his or her home and is killed or seriously injured as a result.

The National Alzheimer's Association reports that there are an estimated 5.2 million Americans with Alzheimer's and more than half of those affected go on random and dangerous walks. The National Autism Association says that 92% of respondents to an online poll indicated their child was "at risk" for wandering and in the last 4 years 14 children have died as a result of wandering.

Isn't there a better way to watch over these vulnerable individuals? The answer is, "yes."

Companies offering "search and rescue" products is starting to take off in the United States. These companies include LoJack Corporation, Care Track International, and Locator Systems. This is the same technology which the police use to find stolen cars. The individual wears a lightweight wristband radio-tracking device. The cost is $25 to $30 per month.

Check with the local police department BEFORE making a purchase as your police department may prefer (and support) one manufacturer over another.

Originally posted at InjuryBoard by Dan Frith

Beware the Noncompete!

Dan Frith — Wed, 31 Dec 2008 14:55:21 GMT

Let me disclose my bias. I hate noncompete provisions in employment agreements. They are bad for the employee....bad for the economy....and bad for innovation.

Don't know what I'm talking about? A noncompete contract is a written agreement between you and your employer that prohibits you from working in your chosen industry or profession for a specific period of time and in a specific geographic area, after you leave your current job. Many people sign these agreements without giving a thought as to how the agreement limits their options to earn a living in the future.

But there is good news. Not all noncompetes or covenants not-to-compete are valid and enforceable. State law controls whether the agreements are legal and each state treats noncompetes differently. We write about which noncompetes are legal under Virginia law at our blog.

My Advice: Don't sign a noncompete without reading it closely and consulting with an experienced attorney. It may cost you a little up front but...it could save you a lot of money and headaches down the road.

Originally posted at InjuryBoard by Dan Frith

Bad Economic Times and Noncompetes

Dan Frith — Tue, 09 Dec 2008 09:29:11 GMT

Everyday the morning newspaper provides depressing news on the deepening economic problems in the U.S. First it was Wall Street...followed by the Banking Industry...then the Auto Industry...followed by regional then local businesses. The end result is that a lot of Americans are going to get the "pink slip" for Christmas or New Years!

To add salt to the wound, many employees are losing their jobs and, on the way out of the door, their employer is reminding them of the noncompete agreement they signed 6 years previous which prevents the employee from working in their chosen field within a 100 mile radius for 2 years. Outrageous - you better believe it! Legal and enforceable - maybe not.

Employees faced with unfair noncompete and nonsolicitation contracts need legal advice. Each state has different requirements for the enforceability of these restrictive agreements. Some noncompetes are illegal because they last too long or prohibit competition in too large of a geographical area. Often, employers have already breached the employment agreement(by failing to pay earned bonuses, etc.) before the employee leaves the company providing what is called the "first breach defense." Sometimes, the noncompete would prevent a departing employee from working for a competitor even as a custodian ("the janitor test") and these contracts are rarely deemed to be enforceable.

My Take: If you have signed a noncompete or nonsolicitation agreement with your employer, consult with a knowledgeable attorney about your rights and responsibilities. My firm only represents employees in these types of disputes and we write about those issues in our blog: Virginia Non-Compete Law Blog.

Originally posted at InjuryBoard by Dan Frith

Will Obama's Win Improve Care Provided by Nursing Homes?

Dan Frith — Wed, 05 Nov 2008 15:38:13 GMT

Democratic candidate Barack Obama last night was elected the next President of the United States. America's first African-American President - pretty big news!

Obama will face many problems and issues as America tries to regain its economic power and moral high ground. But what does it mean for the thousands of Americans living in nursing homes? It may mean better care.

Candidate Obama has championed higher pay for caregivers, increased nurse training and more funding for home-care initiatives. Long-term care financing reform, for the first time, was part of the Democratic party's platform. Obama also sponsored the Community Living Assistance Services and Supports (CLASS) Act, which would establish a national insurance program to help pay for those with long-term care costs.

My take: I hope President Obama is successful in implementing Candidate Obama's initiatives!

Originally posted at InjuryBoard by Dan Frith